We Have Extensive Maritime Case Experience
Our firm has experience representing longshoremen and seaman. A seaman is someone who works on a ship or boat as a captain or crew member, while a longshoreman works on shore, loading and unloading ships’ cargo. Maritime law is complex, and if you have been injured, you will need a considerable knowledge of the law in order to maximize your compensation. At Brasher Law Firm, PLLC, we have extensive experience with personal injury cases, and we stay up to date with the evolution of maritime law.
At Brasher Law Firm, PLLC, we have experience handling maritime claims regarding:
- The Longshoremen and Harbor Workers Compensation Act
- Maintenance and Cure
- The Jones Act
Longshoremen and Maritime Law
The Longshoremen have rights under the Longshoremen and Harbor Workers Compensation Act (“LHWCA”), including a right to claim against negligent third parties for their injuries. The act covers ship repairers, ship builders and ship breakers, and excludes office employees and small vessel workers if they are protected by a state workers’ compensation law.
If you have suffered an injury as a Longshoreman, you may be eligible to receive disability compensation at a rate of 66 percent of your average weekly wage. Under the LHWCA, widows or widowers are eligible to receive compensation equal to 50 percent of the national weekly average wage, or the entire deceased shoreman’s wage if this is less. The maximum compensation that you or a loved one may receive is 200 percent of the national weekly wage average, and a report of the accident or death must be submitted by the employer within 10 days of the occurrence.
How the Jones Act Protects Seamen
Seaman can receive Maintenance and Cure, as provided by general maritime law, as well as relief for their injuries under the Jones Act. Clint has experience litigating seaman cases and has handled claims under the LHWCA, as well. For seaman, “maintenance” means that a seaman is entitled to wages after an injury for the duration of the contract period or trip. “Cure” entitles the seaman to payment for medical expenses, including injuries that happen going to and from the boat.
Under the Jones Act, an injured seaman can recover against his employer if the employer was negligent for failing to provide a safe place to work. The employer is liable for the injuries sustained by the seaman resulting from “any” negligence of the employer (it does not require the finding of “proximate cause” as otherwise required in Texas law). The seaman may also have a claim against the vessel owner for unseaworthiness of the vessel.
Common damages for which compensation has been recovered by seamen include:
- Physical pain and physical suffering
- Mental anxiety and anguish
- Loss of quality of life
- Embarrassment and Humiliation
- Loss of future working capabilities
We Offer More Than 22 Years of Combined Experience
If you or a family member has been injured and has questions regarding your maritime injury, it is important that you consult a Beaumont personal injury lawyer with experience in these matters. Maritime injuries are often very serious and can have enduring effects on the injured worker and his or her family.
If you or a loved one has been injured, you deserve the utmost compensation, and this may be achieved if you hire an experienced maritime law attorney. Don’t accept a cash settlement from your employer or a lowball claim from an insurance company. Contact a lawyer who cares about your future and the future of your family. Your initial case evaluation with a Beaumont injury attorney is free, so call now.
We serve residents living all throughout Texas; call our office today at (888) 989-2889
After I was hurt on the job, my company tried to keep me from filing worker’s compensation. Instead, they offered to pay me cash. They told me not to file a worker’s compensation claim – that they would take care of me. When I went a got an MRI on my own, they fired me. Clint Brasher took my case all the way to trial. My employer offered a $25,000.00 right before trial to settle the case. Clint said no and convinced a jury to award me $852,000.00 plus interest. I recommend anyone with a legal problem to call The Brasher Law Firm.Jimmy Couch Jr.Beaumont, Texas
After being told by multiple lawyers that I really had no case or that my chances of being awarded any settlement was very slim, I was referred to the Brasher Law firm. Nishi worked on my case and with very little effort on my part, she put together my case with an opening statement and presentation that put my opponent on their heels. She set a goal from the start and didn’t relent until her goal was met and I got what was owed me. Thank you Nishi for knocking it out of the park!L. Smith